University of New England

College of Osteopathic Medicine Academic Appeals Process

This procedure applies to appeals from decisions of the COM Academic Dean pertaining to academic, and not disciplinary, matters.

1. Academic appeals will be submitted to the COM Academic Dean within five (5) working days of the decision from which the student seeks to appeal.  The petition for appeal shall be in writing and shall be delivered to the COM Academic Dean.  The petition must include a description of the grounds for appeal sufficiently detailed for the Dean to decide whether a review would appropriately serve the student and the University. Failure to file a written petition for an appeal within the allotted time will render the original decision final and conclusive. Appeals will only be accepted by the COM Academic Dean’s office if the student(s) have exhausted all required procedural options at the instructor, departmental or other appropriate level(s).

2. The Dean will make a determination whether grounds are present in the petition to warrant a review. This decision is generally based on the merit(s) of the cause outlined in the petition, and/or the weight of the consequences on the student and the University. The appeal is not intended to afford a full rehearing of the case but to serve as a method of reviewing the written content and grounds for appeal submitted by the student. The COM Academic Dean will inform the student in writing of the decision within ten (10) working days of the receipt of the appeal.

3. The Grounds for Appeal are:

a. A reasonable claim of substantive miscarriage of justice
b. Relevant new evidence
c. Material procedural irregularities
d. Imposition of an improper or excessive penalty

4. If it is deemed by the COM Academic Dean that an appeal is warranted, the appeal will be heard by the COM Appeal Review Committee as follows:

a. The COM Review Committee will consist of five (5) basic science and clinical faculty members, all of whom are voting members of, and elected by, the COM Faculty Assembly.
b. Persons may not serve on an Appeal Review Committee unless they can be available for the entire review process. The committee will select a chairperson.
c. A person may not serve as a member of the Appeal Review Committee if s/he is the complainant, is to be a person providing information for or against the accused student, or has been involved in any capacity in events leading to the appeal. Should a conflict of interest be perceived by any party involved, the Appeal Review Committee will decide whether any member will be replaced. The Dean will appoint a new member at the recommendation of the Committee.

5. Appeal Review Protocol

a. In advance of the review, the Dean will supply each member with copies of the written appeal plus relevant documentation, materials requested by members of the Committee, and the names of individuals who will be appearing before the Committee. The Dean will also forward copies to the student.
b. The Dean will notify the student, in writing, of the time and place of the Review. The student has the option of being present throughout the proceedings. The student may have an Advisor present from the University community, but not legal counsel or parent(s)/guardian(s). Neither the student nor Advisor may be present for Committee deliberations. All meetings will be conducted in private.
c. The Committee will focus on information relevant to the appeal and not review the original case. All information upon which a decision will be based must be introduced into evidence at the proceedings before the Committee; the decision will be based solely upon such information. The Committee may call persons providing information of its own and/or hear from persons providing information provided by the student and by other principals involved. The Chair may limit the number of persons providing information to be heard, and may require statements in advance. Individuals, however, cannot be compelled to testify. The Committee may also require the Dean to produce University, student, or other records as permitted by law.
d. Unless deadlines have been extended by the Dean, the final findings and recommendations of the Committee will be forwarded to the Dean no later than thirty (30) working days subsequent to the Committee's first meeting. The report will consist of a summary of the reviews, evidence presented, and recommendations of the Committee.
e. The Dean will make a decision and report it to all parties involved within ten (10) working days of receipt of the Committee's findings and recommendations. The decision of the Dean will be final.

6. This process set forth in this Academic Appeals Process is not contractual, and is subject to change at any time at the discretion of the COM Academic Dean.